COVID-19 UPDATE: The Perecman Firm is open! Our team is working remotely
and offering confidential consultations via phone, e-mail, and video conferencing.
Read more from Founding Attorney, David Perecman.

The Perecman Firm secured a $2.1 million settlement for a plumber who was
injured after falling into an unsecured hole.

On May 26, 2009, the plaintiff, a plumber's assistant, worked at a
construction site. He tripped while he was performing an inspection of
a building's basement, and one of his legs fell into an uncovered
hole in the floor. He sustained an injury of an ankle.

The plaintiff sued the site's owner and the construction project's
general contractor. The plaintiff alleged that the defendants violated
the New York State Labor Law.

The defendants impleaded a subcontractor that worked at the site. The first-party
defendants alleged that the subcontractor’s workers negligently
created a dangerous condition that caused the plaintiff's accident.

The plaintiff claimed that he tripped on a cinder block while walking backward.
He further claimed that the block had been discarded by an employee of
the subcontractor. He also claimed that the basement was poorly lighted.

The plaintiff's counsel contended that the defendants violated New
York Codes, Rules, and Regulations title 23, part 1.7(e)(2), which specifies
that a work site's floors must be free of debris, scattered tools
and materials, and sharp objects. They further contended that the violation
established that the work site was not properly safeguarded, as required
by Labor Law 241(6). The plaintiff's counsel also contended that the
defendants violated Labor Law 200, which defines general workplace-safety
guidelines.

Defense counsel contended that the cinder block was an open, obvious condition
that the plaintiff could have easily avoided. They also contended that
the accident was a result of the plaintiff having failed to maintain a
proper lookout. Alternatively, they contended that the plaintiff could
not establish that his fall was caused by a cinder block.

The subcontractor’s counsel also contended that the subcontractor
had completed its work months prior to the accident and that the project’s
general contractor was responsible for subsequent maintenance of the site.

The Perecman Firm, P.L.L.C.'s team of NYC personal injury attorneys have
recovered more than $500 million in verdicts and settlements for their
clients. We understand the financial and emotional toll a serious accident
can have on your life. That’s why we dedicate ourselves to maximizing
your recovery and securing what you deserve.